The intent of this Article is to require the provision of off-street parking related to the development of projects throughout the Town in order to facilitate the parking needs of the community.

(Ord. 19-96 §6.00)

Off-street parking spaces and loading areas shall be provided as specified in Section 16-6-30 for any development proposed within the Town, including additions and/or conversions of a building or portion of a building to a use that is more intensive than the existing use, as that use relates to the requirements for additional parking spaces.

(Ord. 19-96 §6.00)

A parking fee and agreement to join a parking district are required for off-street parking.

(Ord. 19-96 §6.00; Ord. 02-02)

(a)

The following number of parking spaces shall be provided for any new development, addition to an existing development or change of use:

(b)

All parking requirements that are not whole numbers shall be rounded upward to the next highest whole number.

(c)

The number of parking spaces required for uses not listed within this Section shall be determined by the Planning and Zoning Commission, after review and recommendation by the Town Manager, based on the impacts anticipated by the proposed use, and shall relate to the anticipated demand created by each proposed use.

(d)

The fee for the number of parking spaces required for a change in use in the Core Area (CA) zone district from another use to a restaurant use related to development permit applications received one (1) year or less before the effective date of this ordinance shall be discounted or returned to the applicant.

(Ord. 19-96 §6.00; Ord. 01-99 §1; Ord. 08-99 §4; Ord. 08-02 §1; Ord. 06-12 §§2, 3; Ord. 07-17 §1; Ord. 01-21 §4; Ord. 05-22, §1; Ord. 01-25, §1)

(a)

In those instances where the applicant for a development permit within the Core Area, including a request for a change of use, cannot or desires not to provide all parking spaces required in this Chapter, the applicant may request to enter into an agreement with the Town to pay a fee per deficient parking space as set forth below; such request may be granted or denied in the Town Council's sole discretion. Fees per deficient parking spaces shall only be charged for the number of required parking spaces a development is deficient, and no fee per deficient parking space shall be charged for parking spaces actually provided.

(b)

The right of an applicant to request and, if granted, to enter into such an agreement and make such payments, and the authority of the Town to accept such payments, shall be subject to the following limitations:

(1)

Not applicable to residential uses. Requests to pay fees in lieu of providing parking spaces in the amount required in this Chapter shall not be granted for parking as required for residential uses. The full amount of parking spaces as required for residential uses must be provided on-site.

(2)

Agreement. The agreement shall specify the number of spaces the project is deficient, shall indicate the applicant's agreement to pay the fee per deficient parking space, and shall be entered into prior to the issuance of a building permit.

(3)

Amount of fee per deficient parking space. The amount of the fee per deficient parking space shall be contingent on the number of parking spaces the project is deficient as set forth in Chapter 19 of this Code.

(4)

Payment of fee per deficient parking space. The fee per deficient parking space shall be paid in full to the Town prior to the issuance of a building permit for the project or, at the discretion of the Town, at another time as agreed to between the Town and applicant, if the fee is guaranteed by a letter of credit.

a.

Except as provided in Subsection (7) below, fees paid to the Town are nontransferable and nonrefundable. Any fee paid in connection with the development of a particular lot, tract or parcel shall run with the land for which the fee is paid, and is nontransferable to any other lot, tract or parcel.

b.

If the development permit for which a fee has been paid has expired, and a new application for a development permit is thereafter filed for the same parcel within five (5) years, the Town shall credit any previous payments of fees per deficient parking spaces toward any fees due for the new application.

c.

If a change in use of a property results in a reduced requirement for off street parking under the provisions of this Chapter, no refund shall be paid by the Town with respect to off street parking spaces which are no longer required.

(5)

Use of fees per deficient parking space by Town. The fees collected by the Town pursuant to this Section may be expended by the Town only for the following purposes:

a.

Acquisition of real property for the construction of municipal parking facilities within the Core Area, or any area located within one-half (½) mile of the Core Area if the Town Council determines that the Core Area will benefit from the provision of parking on such property.

b.

Development, expansion, design or capital repair of municipal parking spaces or facilities within the Core Area, or any area located within two thousand (2,000) feet of the Core Area, including but not limited to, construction costs, surveying costs, engineering, design and similar expenses related thereto.

c.

Payment of the principal, interest and other costs of bonds, notes and other obligations issued or undertaken by or on behalf of the Town to finance the acquisition, development, expansion or capital repair of municipal parking spaces and facilities within the Core Area or within two thousand (2,000) feet of the Core Area.

(6)

Fees in lieu of deficient parking shall not be used to remedy any deficiency in capital facilities that exists without regard to the proposed development.

(7)

Refund or credit of fees paid in lieu of providing parking.

a.

Refund. Any fees in lieu of providing parking, or portion thereof, collected pursuant to this Section which have not been expended or which have not been committed for expenditure for eligible parking improvements or design within twenty-five (25) years from the date of payment shall be refunded, upon application, to the record owner of the property for which the fee was paid, together with interest thereon at the legal rate earned thereon by the Town from the date of collection to the date of refund.

b.

Credit. In the event the Town forms a special improvement district for the purpose of providing public parking facilities within or adjacent to the Core Area, all parking fees (not including interest) paid within a ten-year time period immediately prior to the formation of the district shall be credited toward the assessments of each lot for which the fees were previously paid.

(8)

Parking account.

a.

The Finance Director shall establish an interest-bearing account into which all fees per deficient parking space collected by the Town pursuant to this Section shall be deposited. Interest earned on the account into which the fees are deposited shall be considered funds of the account and shall be used solely for eligible parking design and improvements as authorized in this Section. The fees collected and the interest earned thereon shall not be commingled with any other funds of the Town.

b.

The Finance Director shall establish adequate financial and accounting controls to ensure that the fees per deficient parking space disbursed from the account are utilized solely for eligible parking design and improvements as authorized in this Section.

(Ord. 05-99 §1; Ord. 02-02; Ord. 05-03 §2; Ord. 01-04 §§1-3; Ord. 14-20 §3; Ord. 13-21 §§4, 5)

Each off-street parking space or facility provided within the Town shall conform to the following design standards:

(1)

Size of parking stalls/spaces.

a.

Within a parking facility containing four (4) or more spaces, the minimum parking stall sizes shall be:

b.

For all other parking facilities, including single-family, duplex or any other uses where a parking facility contains less than four (4) parking spaces, the minimum parking stall sizes shall be:

(2)

Width of parking aisles. The following minimum aisle widths shall be required for all off-street parking facilities provided within the Town:

(3)

Maximum grades.

a.

Single-family and duplex uses. The maximum grade allowed for single-family and duplex uses shall not exceed ten percent (10%), with the exception that the first twenty (20) feet immediately adjacent to any garage shall not exceed eight percent (8%), or twelve percent (12%) if heated.

b.

Summer seasonal parking lots. The maximum grade allowed for parking spaces shall not exceed six and one-half percent (6.5%) in any direction. The maximum grade allowed for drive aisles adjacent to parking spaces shall not exceed six and one-half percent (6.5%) in any direction. The maximum grade allowed for access driveways between the public road and the parking spaces shall not exceed ten percent (10%) in any direction.

c.

All other uses. The maximum grade allowed for parking spaces shall not exceed four percent (4%) in any direction. The maximum grade allowed for drive aisles adjacent to parking spaces shall not exceed four percent (4%) in any direction. The maximum grade allowed for access driveways between the public road and the parking spaces shall not exceed ten percent (10%) in any direction.

d.

Access drives crossing sidewalks. When an access drive crosses a public sidewalk or a designated accessible route, the slope of the drive aisle shall not exceed two percent (2%) to maintain the cross-slope of the sidewalk or accessible route. This is typically accomplished by the installation of a concrete curbcut for sidewalks attached to the curb along a roadway.

(4)

Paving. All parking spaces, including driveways, shall be surfaced with asphalt, concrete or equivalent.

(5)

Lighting. Any lighting proposed for the purpose of providing lighting for a parking facility shall be designed in a manner where the light is directed away from any adjoining properties. In addition, lighting fixtures for parking lots within the Core Area shall be compatible with the light fixtures provided by the Town to light Town parking lots and public ways.

(6)

Accessibility. All off-street parking spaces and facilities shall have legal, unobstructed access to a public street or alleyway.

(7)

Backing onto public street.

a.

Except for single-family and duplex parking areas, all other parking stalls and spaces shall be so designed, located and served by maneuvering lanes so their use will under no circumstances require a backing movement onto any public street.

b.

In cases where portions of a Town owned right-of-way are used as primarily public parking, and where the portion of the right-of-way used as primarily public parking also does not have a street name designation, backing into the drive aisle adjacent to the parking spaces shall be permitted.

c.

In the Core Area Zone District, upon determination by the Town Manager that no other option for accessible parking is available for a particular building, accessible parking spaces for such building may be allowed to back into the right-of-way in order to provide accessible parking for such building.

(8)

Landscaping. All off-street parking facilities containing four (4) or more spaces shall be adequately screened from any adjacent residentially zoned parcel or public street by a strip of land at least ten (10) feet in width (fifteen [15] feet if in a front yard) densely landscaped with a combination of trees and shrubs adequate to screen the adjacent property or right-of-way from the parking lot. This landscaping area shall contain a minimum of one (1) tree per ten (10) linear feet, with the trees being a minimum of eight (8) feet in height, and having a mixture of evergreens and deciduous trees at a ratio of 50:50.

(9)

Snow storage.

a.

Summer seasonal parking lots are not required to have additional snow storage areas.

b.

Unless designed with a snow melt system, all other parking areas shall be provided with snow storage areas adequate to meet the needs of the parking facilities. This shall include the provision of a minimum of snow storage equal to twenty-five percent (25%) of the area to be cleared of snow. Such snow storage areas shall be located in a manner to reasonably facilitate the snow removal process. The snow storage areas shall be landscaped in a manner that does not interfere with the snow storage process.

(10)

Accessible parking.

a.

Parking facilities shall be designed and constructed with accessible parking and accessible access routes in conformance with the federal 2010 ADA Standards for Accessible Design.

b.

Parking facilities shall provide the minimum number of required accessible parking spaces per Section 208 of the federal 2010 ADA Standards for Accessible Design.

c.

At least one (1) van-accessible parking space is required for every six (6) or fraction of six (6) accessible parking spaces required per this Section.

d.

The width of an accessible parking space may be reduced to a minimum of eight (8) feet wide when adjacent to an access aisle that is a minimum of eight (8) feet wide.

(Ord. 19-96 §6.00; Ord. 01-13 §1; Ord. 07-13 §§2, 3, 4; Ord. 07-17 §2)

(a)

It shall be the responsibility of the owner to maintain the off-street parking spaces or facilities in a state of good repair and in an unobstructed condition so as to ensure that all required off-street parking spaces are available for use on a daily basis.

(b)

Upon an accumulation snow depth of four (4) inches of uncompacted snow, all off-street parking spaces shall be substantially cleared of snow within twenty-four (24) hours. The removed snow shall be stacked in such a way so as not to impair lines of sight or disrupt the proper flow of vehicular or pedestrian traffic.

(c)

Snow removal is not required in summer seasonal parking lots. Summer seasonal parking lots may be used for snow storage.

(Ord. 19-96 §6.00; Ord. 02-02; Ord. 07-13 §5)

(a)

The required number of off-street parking spaces shall be maintained for the parking of operable passenger vehicles of residents, customers, patrons and employees only, and shall not be used as parking for vehicles which are being used as a residence, for storage of vehicles or materials.

(b)

Unless otherwise allowed in this Section, required off-street parking spaces shall not be used for the parking or storage of trailers, boats, detached campers, disabled or inoperable vehicles or other objects that will render the parking space unusable according to the intent and purpose of this Article.

(c)

Parking spaces located within summer seasonal parking lots may be used for the storage of trailers, boats and snow as approved by the Town Manager.

(Ord. 19-96 §6.00; Ord. 07-13 §§6, 7)

Every project used for commercial, retail or industrial purposes with a gross floor area of over twenty thousand (20,000) square feet shall be required to have a minimum of one (1) off-street loading area provided on site.

(Ord. 19-96 §6.00)